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and (iv) plan entitled "Existing Driveway Location", prepared by Fortin, Leavy, Skiles, Inc., dated 2/1 3/03 (collectively the "Approved Site Plan"); and WHEREAS, the Approved Site Plan provided for the transfer of 54,385 square feet of development rights to the Propeliy for construction of a 42 story, 40-unit residential condominium tower thereon; and WHEREAS, the square footage of development rights preliminarily approved for transferred to the Property is incorrectly referenced in Resolution No. 03-Z-75; and WHEREAS, the reformation of Resolution No. 03-Z-75 to accurately reflect a preliminary approval of 54,385 square feet of transfer development rights to the Property (the "Reformation") is justified on the following grounds: (i) Reformation is essential to insure the intent of the Commission; (ii) Reformation does not include a change of judgment, policy, or prior intent of the Commission; (iii) The record, including but not limited to the staff recommendation, minutes and motion, evidences the clear intent of the Commission; (iv) The substance of the Application was evident at the time of the Public Hearing and there was no intent on behalf of the applicant, at any time, to deceive the public or the Commission as to the amount of development rights sought to be transferred to the Property; and (v) the failure to approve the Reformation would lead to an unjust result. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Incorporation of Recitals. The foregoing recitals are true and correct are incorporated herein by reference as if they fully set forth herein. Section 2. Reformation. Resolution No. 03-Z-75 is hereby amended to reflect the correct square footage of development rights preliminarily approved by the City Commission for transfer to the Propeliy as 54,385 square feet. Section 3. Conditions. All conditions set forth in Resolution No. 03-Z-75 are unchanged by the adoption of this resolution and remain in full force and effect. Section 4. Authority of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 5. Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 16th day of February 2006. R2006-890 La Mansion.Regalia Scriver's Err Corr To 03-Z-75 Page 2 of 3